Neighbour 1 has his water pipe going over neighbour 2 land. Neighbour 1 sold land to neighbour 2 without disclosing this (in Tasmania you don't have to apparently). Now neighbour 2 has discovered this and wants neighbour 1 to remove it off his land. There is council land running alongside neighbour 2's land. How can neighbour 1 organise this to be rerouted there?
old system title or torrens title ? there is provision under s.89(3) Conveyancing Act 1919 where there has been long continued use but you will need to check local state laws it's not a Yes/No answer. I suggest you talk with your legal representative and / or Surveyor however for access to council land there may be an application that will be assessed by council on its merits "easy" is subjective
Thanks for the reply, It's a friend who is asking this not me. The title is Torrens. Tasmania. The neighbour sold my friend the land with the water over it without telling him! Is there any argument regarding vendor disclosure.
Probably won't get an easement for water supply if there is an alternative point for connection but would get one for water disposal if there was drainage on the council land.
I'm sure council will insist you pursue the easement over the neighbouring private property. why would council want to encumber their land with an easement.
